Right to Work
A legal check confirming an employee has the right to work in the UK before or on their first day of employment.
Quick Reference
What is a Right to Work?
A right to work check is a mandatory verification employers in the UK must carry out before or on the first day of employment. It confirms that a person has the legal right to work in the UK and that their permission to work has not expired.
Under the Immigration, Asylum and Nationality Act 2006, employers who fail to conduct right to work checks face a civil penalty of up to £60,000 per illegal worker (from 2024), and potentially criminal prosecution if they knowingly employed someone without the right to work.
The check must be repeated - usually every 12 months - for employees whose right to work is time-limited (e.g., employees on a visa or those with leave to remain that expires).
Types of Right to Work
Manual Document Check
Physical inspection of original documents (passport, BRP card, etc.) and taking a copy. Documents must be checked in person or via video call for follow-up.
Home Office Online Check
Employer checks the Home Office online service using a share code provided by the employee. Used for biometric residence permit holders and EU/EEA nationals using the EU Settlement Scheme.
IDSP Digital Check
An Identity Document Validation Technology (IDVT) check carried out by a certified Identity Service Provider (IDSP). Available for British/Irish passport holders only.
What Happens If It's Missed?
If an employer fails to re-verify a time-limited right to work before the employee's permission expires, the employer loses the 'statutory excuse' that protects them from a civil penalty. If the employee is subsequently found to be working illegally, the employer faces a penalty of up to £60,000 per worker. The Home Office conducts spot checks and employers in industries with high migrant worker populations (hospitality, construction, care) are routinely audited. Criminal prosecution applies where employers knowingly employ illegal workers.
How Businesses Track & Manage This
The critical failure point is not the initial check - most employers do this correctly. The risk is re-verification for time-limited rights. An employee on a 2-year visa may be checked correctly at onboarding but then forgotten. With 50+ employees holding time-limited permissions, manual tracking is error-prone. Compliance teams use deadline tracking software to flag right to work re-verification dates 60 days in advance, ensuring the HR team has time to request the new share code or documents before the permission expires.
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Frequently Asked Questions
How often do right to work checks need to be repeated?
For employees with unlimited right to work (British/Irish citizens, settled status holders), the check only needs to be done once. For time-limited permissions (visas, pre-settled status), checks must be repeated before the permission expires - typically every 12 months or when the leave expires, whichever comes first.
What documents prove right to work?
List A documents prove indefinite right to work and only require one check: UK/Irish passport, EU Settlement Scheme settled status, or a BRP showing indefinite leave. List B documents prove time-limited right to work and require re-verification: current visa, BRP showing limited leave, or online status showing time-limited permission.
Can I check right to work over video call?
Yes - for manual document checks, employers can ask employees to present original documents over a video call, and the employer retains a copy. However, the physical copy must be seen in-person before or on day one, or via certified IDSP for eligible documents.
What is the fine for not checking right to work?
From January 2024, the civil penalty for employing someone without the right to work is up to £45,000 per worker for a first breach, and up to £60,000 per worker for repeat breaches. These are maximum figures - actual penalties depend on circumstances and whether the employer cooperated with the Home Office.
Never miss a compliance deadline
ExpiryEdge tracks DBS checks, right-to-work, training renewals and every HR compliance date - and sends reminders before each one expires.
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